Friday, June 28, 2013

How many recess appointments would a recess appointer appoint if a recess appointer could re-recess appoint recess appointees?

With no pro forma session in this recess, the President should immediately issue an order re-recess appointing all of his current recess appointments. That way if the Supreme Court were to invalidate his currently serving recess appointees in the Noel Canning case on the basis that the pro forma sessions meant there wasn't really a recess, those appointees' appointments would only be invalid up until the re-recess appointment.

UPDATE: Weigel says it isn't true, that the House never adjourned, which will mean it will not technically be in recess. Considering that only the Senate confirms nominees, I'm not sure why a recess in the House would matter. But Weigel thinks it does, and so do the Republican members of the House and Senate that he checked in with, so maybe it does.